Modoc County Municipal Code Art. II General Provisions

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Modoc County.

(Ord. No. 340, Exh. A, 12-9-2008)

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Modoc County, dated September 24, 1984, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway map (FBFMs), dated September 24, 1984, and as all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This information is on file and may be viewed at the Modoc County Planning Department, 203 West 4th Street, Alturas.

(Ord. No. 340, Exh. A, 12-9-2008)

No structure or land shall be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. The board of supervisors shall take lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 340, Exh. A, 12-9-2008)

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 340, Exh. A, 12-9-2008)

In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements;

B. Liberally construed in favor of the governing body; and

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 340, Exh. A, 12-9-2008)

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of board of supervisors, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. No. 340, Exh. A, 12-9-2008)

This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

(Ord. No. 340, Exh. A, 12-9-2008)